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2020 DIGILAW 35 (GAU)

Madhusmita Saikia Borah v. Pranabjyoti Borah

2020-01-08

AJAI LAMBA, SOUMITRA SAIKIA

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JUDGMENT Ajai Lamba, C.J. - Smti. Madhusmita Saikia has preferred this appeal against the judgment and decree dated 24.08.2015 rendered in Title Suit (Matrimonial) No.37/2009, titled-'Sri Pranabjyoti Borah -Vs.- Smti. Madhusmita Saikia Borah'. 2. It is evident that the respondent-husband filed a petition under Section 13(1)(i-a) of the Hindu Marriage Act, 1955 to claim divorce. Vide the judgment at issue, divorce was granted and the marriage was dissolved. The respondent was directed to pay permanent alimony in the sum of Rs.6 lakhs. 3. Learned counsel for the appellant-wife contends that the decree of divorce is accepted, however, the alimony is inadequate. Learned counsel for the appellant vehemently argued that other than Rs.6 lakhs, the respondent-husband be directed to give the appellant a dwelling unit also in permanent alimony. 4. We have questioned the learned counsel for the appellant to bring acceptable evidence to the notice of the Court to show that the respondenthusband has resources to provide a separate dwelling unit for the wife. Learned counsel has not been able to draw the attention of the Court towards any such evidence that would indicate capacity of the respondent husband for providing a separate dwelling unit for the wife. Even before the Lower Court, no such demand was made. Rights of the wife in context of Section 25 of the Hindu Marriage Act, 1955 were considered and permanent alimony in the sum of Rs.6 lakhs was granted. 5. We find no reason to differ with the findings recorded by the Lower Court. No such material has been brought to the notice of the Court which would justify interference. The sum of Rs.6 lakhs awarded as permanent alimony is in consideration of pleading of the parties and the material brought before the Lower Court. 6. The appeal is dismissed.